scholarly journals Comprehension Approach to the Study of Law and Law Enforcement in the Works by Professor A.V. Fedorov

2021 ◽  
Vol 3 ◽  
pp. 3-9
Author(s):  
Sergey I. Zakhartsev ◽  
◽  
Viktor P. Salnikov ◽  
Vladimir Yu. Vladimirov ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Scientific Activity ◽  
Practical Significance ◽  
Scientific School ◽  
Legal Practice ◽  
Comprehensive Theory ◽  
Legal Science ◽  
65Th Anniversary ◽  
Theory Of Law ◽  
The One

Purpose. The article is devoted to the 65th anniversary of the famous practitioner and scientist — Professor Alexander Fedorov. It provides brief information about the hero of the day, data on the main directions of his scientific research and published works, and concludes that he formed an intersectoral scientific school of combating crime with an emphasis on the comprehensive approach to the study of law and law enforcement inherent in this researcher. The purpose of the article is to promote the most significant works of famous Russian scientists. Methodology: dialectics, hermeneutics, synergetics. Conclusions. The article shows that it is practice that determines the need for conducting appropriate legal research, since legal science cannot be divorced from the realities of life, but is derived from them, providing the solution of practical problems. In turn, legal practice, first, is largely based on the results of previous scientific activity, and secondly, ultimately aimed at solving practical problems. Scientific and practical significance. The article proves that, on the one hand, legal practice is a source of development of legal science, and on the other hand, legal science largely determines what legal practice should be. At the same time, both science and practice in their combination in this article successfully develop a comprehensive theory of law.

scholarly journals Forensic researches at National Academy of Internal Affairs: heritage of scientific schools (Review Article)

2021 ◽  
Vol 23 (1) ◽  
pp. 24-44
Author(s):  
S. Cherniavskyi ◽  
V. Yusupov
Keyword(s):  
Law Enforcement ◽  
Scientific Activity ◽  
Highly Qualified ◽  
Law Enforcement Agencies ◽  
Main Research ◽  
Scientific Schools ◽  
Legal Science ◽  
Science And Education ◽  
Internal Affairs ◽  
High Level

The Article purpose is to disclose the process of the formation of forensic scientific schools in the National Academy of Internal Affairs on the basis of the study of its historical development; to emphasize the role of heads of departments and leading professors of the National Academy of Internal Affairs in formation of forensic scientific schools, identify the main research directions of forensic scientific schools of the National Academy of Internal Affairs, highlight their contribution in training of highly qualified scientific and pedagogical staff; to emphasize achievements of forensic scientific schools of the National Academy of Internal Affairs and their significance for advancement of legal science and education in Ukraine. When covering the article content, historical, historiographic, terminological, systemic-structural, formal-logical, comparative-legal and statistical methods have been applied.  It is substantiated that the center for the development of forensic scientific schools in the National Academy of Internal Affairs is the Department of Criminalistics. Main directions of research of forensic scientific schools in the National Academy of Internal Affairs have been systematized and shown. It has been proved that forensic scientific schools of the National Academy of Internal Affairs are developing according to two scientific directions: innovative research of non-traditional traces of crime (the school of Professor M. V. Saltevskij); advancement of investigative activities and methods of investigating criminal offenses based on studying tactics applied by criminals, current achievements in science and technology (school of Professor V. P. Bahin). Scientific links between forensic schools of the National Academy of Internal Affairs and other forensic schools and centers of research institutions, higher educational institutions, law enforcement agencies have been demonstrated. Forensic scientific schools of the National Academy of Internal Affairs play a crucial role in the development of legal science and education, contribute to the formation of the high level of professionalism in law enforcement agencies and lawyers, ensure the unity of law enforcement practice and educational-scientific activity in higher education institutions.

scholarly journals The contribution of Kharkiv University scientists to the development of historical and legal science (first half of the XIX century)

2020 ◽  
Vol 10 (2) ◽  
pp. 293-303
Author(s):  
Volodymyr Grechenko
Keyword(s):  
German Law ◽  
Scientific Activity ◽  
Main Trend ◽  
Scientific School ◽  
Systematic Analysis ◽  
Legal Science ◽  
History Of ◽  
Methodological Principles ◽  
Xix Century ◽  
University Scientists

In the article, the author, based on the methodological principles of historicism, objectivity, systematics, explored the specific achievements of Kharkiv University scientists, who worked in the first half of the XIX century, in the formation and development of science History of State and Law. Their scientific works, in accordance with the main trend in the genesis of this science at that time, were centered around the law of Kyiv Rus and, in particular, the content of the Rus’ka Pravda (Russian Truth). This area of their activity is studied insufficiently in the scientific literature, both domestic and foreign. This is due to the fact that the main contribution to the development of these issues was made in the second half of the XIX century – then a significant number of works on this topic was published, which provided an opportunity for their systematic analysis. The activity of scientists of this university in the first half of the XIX century concerns the period of formation of historical and legal science. Hence the main shortcomings of their work: a certain fragmentation in the coverage of problems, a narrow historiographical base, the hypothetical nature of some theses. Professor Uspenskyi was the first who started working on the history of law at Kharkiv University and considered the question of “the antiquity of Russian laws and their dignity”. At that time, scholars of many universities in the empire had to prove the authenticity of the Rus’ka Pravda and those laws that was not yet generally accepted. O. Kunitsyn, a professor of Kharkiv University, also expressed some doubts in this, although he cannot be attributed entirely to the supporters of the “skeptical school” in Russian historiography. O. Paliumbetskyi made the most significant contribution to the development of historical and legal science at that time at Kharkiv University. He conducted one of the first comparative studies of Old German and Old Rus law, convincingly showed their differences, some influence of German law on Russian, which he considered insignificant. Quite thorough and one of the best was his study of treaties between Rus and Byzantium in the X century. Based on the provisions of these agreements, the scientist made a successful attempt to determine the essence of some of Old Rus laws, in particular on revenge, compensation to the victim and court evidence. Most of his arguments were tested over time and are not disputed by modern scientists. Scientists-lawyers of Kharkiv University in that period did not form a separate scientific school, as happened at the University of Kyiv due to the activities of M. Ivanishev, but they worked in line with the then prevailing paradigms in Russian historiography, and made a certain contribution to the formation of historical and legal science. Therefore, their scientific activity deserves further study.

scholarly journals PUBLIC INTERESTS AND LEDAL CONSTRUCTIONS DERIVED FROM THEM

2018 ◽  
Vol 22 (4) ◽  
pp. 425-462
Author(s):  
Alexander B Zelentsov ◽  
Marina V Nemytina
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
General Interest ◽  
Constitutional Court ◽  
Russian Society ◽  
Legal Doctrine ◽  
Public Interests ◽  
Legal Science ◽  
Theory Of Law ◽  
Definition Of

The article observes public interests, firstly, as a social regulative system in the Russian law, and secondly, as a scientific conception of law in legal science. It also researches possibilities of building legal constructions based on public interests with an aim to improve the legal regulation. Basing on the general theory of law and administrative law, the authors analyze: 1) the essence and grounds of public interests; 2) transformation of the Russian historical-theoretical conceptions of public interests; 3) modern interpretations of the phenomenon of public interests in the Russian legal doctrine, legislation and judicial practice; 4) some differences in the Western and Russian conceptions of public interests; 5) separate legal mechanics based on public interests. I.e. the authors talk about objectivating public interests, defining its forms of appearance and possibilities of implementation in the Russian society, law and state. Nowadays categories «public interest», «state interest», «social interest», «general public interests» as well as similar ones are widely used in the Russian legal science, law-making and law enforcement. The problem of its defining as well as identifying public and state interests is still not solved. The article emphasizes the absence of legal definition of public interests in the Russian legislation what causes its use as an evaluation category in the law enforcement practice. This follows by uncertainty in the legal regulation. From other side the term remains flexible and movable, helps coordinate moral and legal content, allows take into account specificity of public interests in each and every case. The article observes position of the Constitutional Court of Russia which defines correlation between public interests and similar categories, e.g. general interest. According to the authors’ opinion, public interests form legal mechanics uniting legal principles, institutes and rules. Examples of such mechanics are corporate-public regulation and public-private partnership.

Law, Moral Facts and Interpretation: A Dworkinian Response to Mark Greenberg’s Moral Impact Theory of Law

2019 ◽  
Vol 32 (1) ◽  
pp. 5-43 ◽  
Author(s):  
Thomas Bustamante
Keyword(s):  
Legal Practice ◽  
Moral Obligations ◽  
Metaphysical Theory ◽  
Impact Theory ◽  
Law And Morality ◽  
The Law ◽  
Theory Of Law ◽  
The One ◽  
Moral Facts

Ronald Dworkin’s philosophy of law, in its mature version, is grounded in at least two central claims: first, a thesis about law and morality, which we might call the One-System Thesis; second, a thesis about how moral and legal propositions can be said to be true or false, which we might call the Interpretive Thesis. While the One-System Thesis holds that law and morality form a single system, the Interpretive Thesis makes two distinct claims: first, truth of interpretive propositions—such as moral and legal propositions—must be established from within the practice in which they figure; second, the soundness of an interpretive proposition is related to the purpose of the practice under consideration. Mark Greenberg’s Moral Impact Theory of Law accepts the One-System Thesis while rejecting the Interpretive Thesis. The Moral Impact Theory is a metaphysical theory of how moral facts rationally determine the content of the law. Its main contention is that the actions of legal institutions have an impact on the moral obligations people have in a polity, and the content of the law is made up of the moral obligations that result from the actions of such institutions. Greenberg assumes that moral facts pre-exist and have some metaphysical priority in relation to legal facts. Moral facts must be prior and independent from legal practice in order to play a part in the rational determination of the content of the law. The point of this paper is to offer a response to Greenberg. I argue that the One-System Thesis only should be supported if the Interpretive Thesis is correct, and that without the latter the former becomes an implausible version of natural law jurisprudence.

scholarly journals The Rule of the Present, Not the Past

Jus Cogens ◽  
2021 ◽  
Author(s):  
Franco Peirone
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Practical Reasons ◽  
Legal Practice ◽  
The Rule Of Law ◽  
The Past ◽  
The Law ◽  
The One ◽  
Law Making ◽  
The Ideal

Abstract There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements like property, and to forever shield them against any other force, including the law. On the other hand, the rule of law is believed to be a tool at the rulers’ disposal, who make use of the law but are not bound by it, for either legal or practical reasons. In both cases, a pre-legal setting for society allocates rulership to something but not the law, against the very essence of the ideal: an authoritative legal practice for the sake of regulating the present society. As such, the rule of law has to meet certain requirements of craftsmanship, like conditions in law-making and law-enforcement, and sources, which are to be democratically underpinned.

scholarly journals “Belated” reflections on convergence in law. Review of the monograph by N.M. Korshunov “Convergence of private and public law: problems of theory and practice» (Moscow: “NORM” Publ., 2011. 240 p.)

2021 ◽  
pp. 344-353
Author(s):  
Vladimir Baranov ◽  
Yuri Mareev
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Public Law ◽  
Theory And Practice ◽  
Legal Science ◽  
New Development ◽  
Private And Public ◽  
History Of ◽  
Theory Of Law ◽  
The One

The focus of the innovative work of N. M. Korshunov is such that the problem of technical and legal support for the convergence of private and public law was not given special attention not only in Russian, but also in foreign legal science. Although, of course, considering the substantive processes of legal convergence, he was "forced" to touch on the technique of their design.In the theory of law in general, and in the theory of civil law in particular, there are few problems that are comparable in complexity, scale, severity and age to the one that served as the reason and source material for the reviewed book. Two principles – the private and the public –form two poles, the interaction of which determines the forms of organization of public relations within the boundaries of legal reality, and recently especially actively – in the field of civil turnover. The list of publications that are only directly devoted to this subject is vast, and it is not easy to point to at least one legal work of any theoretical significance, where it is not touched upon in one way or another. In the history of legal science, including in the history of civil law, there was no example of any satisfactory solution to this problem. In this context, the monograph of N. M. Korshunova, seemingly initially doomed by fate to the role of another hopeless attempt to take a height that exceeds human strength, and at best-a new set of deep and original judgments, but not forming together a coherent theory of the phenomenon, nevertheless deserves to be noted as an example of a completely new development of the old topic.

scholarly journals Legal values and a sense of law

2015 ◽  
Vol 2 (3) ◽  
pp. 35-39
Author(s):  
Y A Gavrilova
Keyword(s):  
Semantic Theory ◽  
Point Of View ◽  
Semantic Search ◽  
Legal Consciousness ◽  
Legal Practice ◽  
Legal Science ◽  
Different Types ◽  
Epistemological Status ◽  
Theory Of Law ◽  
General Semantic

The article is devoted to the problem of semantic search epistemological status of legal values in General conceptual and categorical apparatus of legal science. The author’s view of a legal value from the point of view of the General semantic theory as the basic systemforming element of the meaning of law and the legal object of meaning. This creates prerequisites for the detection axiological components in different types of legal consciousness, Federal and regional legislation, in the system the most important types of legal practice. Consideration of legal values in a broad interdisciplinary context allows under the special directions of legal axiology, to combine the positive achievements of the Humanities and the specificity of the law in doctrinal views on the main problems of the theory of law.

scholarly journals Officer Accommodation in Police-Civilian Encounters: Reported Compliance with Police in Mongolia and the United States

1970 ◽  
pp. 176-200 ◽  
Author(s):  
Valerie Barker ◽  
Charles Choi ◽  
Howard Giles ◽  
Christopher Hajek
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Cultural Context ◽  
The United States ◽  
Community Response ◽  
Practical Significance ◽  
International Affairs ◽  
Communicative Practices ◽  
The Usa ◽  
The One

Recent research has demonstrated that, for young adults, officers' communicative practices are potent predictors of civilians’ attributed trust in police, and their perceived likelihood of compliance with police requests. This line of work has important applied implications for ameliorating police-civilian relations on the one hand and promoting a joint law enforcement/community response to crime prevention on the other. The present study continued this line of work in Mongolia and the USA. Mongolia is not only intriguing as little communication research has been conducted in this setting, but is significant as its government (and the law enforcement arm of it) is currently experiencing significant social upheavals. Besides differences between nations, results revealed that, for American participants, officer accommodativeness indirectly predicted civilian compliance through trust. This also emerged for the Mongolian counterparts, although a direct relationship was evident between officer accommodation and compliance as well. The latter finding is unique in that it is the first cultural context where both direct and indirect paths have been identified. The practical significance of these findings is discussed. Keywords: Mongolia; United States; America; Police; Law Enforcement; Civilian; Intercultural; Cross-Cultural; Intergroup; Accommodation; Trust; Compliance. DOI: 10.5564/mjia.v0i15-16.35Mongolian Journal of International Affairs No.15-16 2008-2009 pp.176-200

scholarly journals The Legal Nature of the Reasonable Term Principle and the Development Thereof in the Russian Criminal Procedure

2020 ◽  
Vol 12 ◽  
pp. 13-18
Author(s):  
Yulia V. Kuvaldina ◽  
◽  
Evgenia V. Maryina ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Criminal Procedure ◽  
Time Limit ◽  
Practical Significance ◽  
Reasonable Time ◽  
Organizational Principle ◽  
Criminal Procedure Law ◽  
The Law ◽  
The One

The purpose of the article. The authors of the article propose for discussion the problems associated with determining the nature of a reasonable time through the prism of the generally recognized properties of the principles, in order to show that the inclusion of Article 6.1 in the criminal procedure law had not only external factors (first of all, the influence of the decisions of the ECHR), but also internal, historical prerequisites, as well as the needs of practice. Methodology: in the preparation of the study, both general scientific and special methods were used: system analysis, historical, specific sociological and formal legal. Conclusions. 1. A reasonable time, on the one hand, can be viewed as an inter-sectoral organizational principle of justice, and, on the other hand, as an organizational principle of the entire criminal process. 2. The principle of a reasonable time obliges law enforcement officials to carry out their activities: a) in compliance with the procedural time limit; b) timely; c) as quickly as possible. 3. Speed means that the law enforcement officer performs all the necessary and sufficient procedural actions before the deadlines established by law for their production. 4. Reasonable criminal procedure can be both lengthy and fast, but does not go beyond the legal deadlines. 5. A reasonable time limit for legal proceedings contains general provisions (duty to comply with procedural deadlines; duty to carry out proceedings promptly, taking into account the criteria contained in the law), which are specified in other articles of the criminal procedure law. 6. For violation of a reasonable time, preventive and suppressive measures have been established. Scientific and practical significance. The conducted research can be useful for scientists, teachers of higher educational institutions, graduate students interested in the problems of criminal procedure.

scholarly journals Dissemination of the Scientific Ideas of Professor Bronislovas Bitinas in the Science of Education

Pedagogika ◽  
2016 ◽  
Vol 124 (4) ◽  
pp. 9-15
Author(s):  
Marijona Barkauskaitė
Keyword(s):  
Personal Development ◽  
Research Work ◽  
Scientific Activity ◽  
Practical Significance ◽  
Global Context ◽  
65Th Anniversary ◽  
Specific Stage ◽  
Prominent Researcher ◽  
Scientific Ideas ◽  
Education Process

Volume 124 of the journal of research papers “Pedagogy Studies” of 2016 is dedicated to the 90th anniversary of Professor Habilitated Doctor Bronislovas Bitinas and the 65th anniversary of his active pedagogical and scientific activity. The theoretical and practical significance of the problems, ideas and statements provided by the authors of the presented scientific articles, as well as their applicability in the interdisciplinary environment are unified not only by the analysis of the issues of education and personal development, but also by the dissemination of the fundamental scholarly works of the prominent researcher B. Bitinas in the education process, which is implemented by his students and colleagues that are guided by the Professor’s ideas and spread them in different Lithuanian universities and education institutions. The aim of the current Epilogue is to identify and discuss the main areas of the research work of Professor B. Bitinas: “Philosophy of Education.Education Ideas and Issues”, “Educational Research: the System and Process”, “Hodegetics: Theory and Technology of Upbringing”, and “Education Terminology: Quality and Issues”. According to B. Bitinas, the selected and discussed activity areas, as well as research insights should be related to a specific stage of the reform of education system revealing the possibilities of its continuation, validating its necessity by specific studies and the latest documents, seeking to improve the process of education by sharing experience, discovering in-depth connections among representatives, theoreticians and practitioners of different sciences, education systems, cultures and others. In this regard, the professionalism and distinctiveness of Professor B. Bitinas are underlined by the dissemination of his ideas and their recognition within the global context of science.

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